Section 6A-25.004 - Referral and Application Process(1) Representatives, parents, and guardians.(a) Individuals may select a representative. The individual's representative shall be included in the vocational rehabilitation process with the consent of the individual or when so ordered by a court of competent jurisdiction. The signature of an authorized representative shall be valid only if the individual or recipient of vocational rehabilitation services expressly designates such representative in the presence of the counselor, and such designation is noted by the counselor in the individual's records. Documentation shall include a consent to release of information to the representative.(b) Parents or guardians shall be included in the vocational rehabilitation process only if the individual with a disability is a minor (less than eighteen (18) years old) or pursuant to paragraph (1)(a) of this rule.(c) Guardians shall be included in the vocational rehabilitation process only if participation is within the scope of the guardianship, or pursuant to paragraph (1)(a) of this rule. The signature of a legal guardian on behalf of an individual or recipient of services from the division shall be invalid unless it is accompanied by one of the following:1. A court order establishing such guardianship, or2. A statement by the guardian that the individual or recipient of services is a minor and the guardian is the natural parent and/or legal custodian of the child.(d) Representatives, parents, or guardians included in the rehabilitation process shall receive written notice of all division determinations that suspend, reduce or terminate services. They shall also be entitled to take part in all meetings between the division and the individual receiving services.(2) Applications. (a) Neither a referral nor an application is required for an appointment with a counselor. An application may be completed at time of contact.(b) All individuals have the right to apply for division services, to have an appointment, and to have a decision made regarding their eligibility for services. The refusal to accept an application or to interview the individual constitutes a "denial of access" to a public program and is a violation of Section 504 of the Rehabilitation Act of 1973, as amended.(c) A signed and dated application for services, or a signed and dated request for services is required to complete the division application. An applicant must provide his or her signature on the application form if he/she is at least eighteen (18) years of age and legally competent. If the applicant is less than eighteen (18) years of age or is legally incompetent, the applicant's parent, legal guardian or representative must provide his or her signature, pursuant to paragraphs (1)(a) and (1)(c) of this rule, on the application form in addition to the individual's signature. Form DVR-003A, State of Florida, Department of Education, Division of Vocational Rehabilitation, Referral/Application for Vocational Rehabilitation Services, (rev. 01/2012) and Form DVR 003B, State of Florida, Department of Education, Division of Vocational Rehabilitation, Referral/Application for Vocational Rehabilitation Services, Spanish, (rev. 01/2012) as incorporated by reference in Rule 6A-25.019, FAC.Fla. Admin. Code Ann. R. 6A-25.004
Rulemaking Authority 413.22, 1001.02 FS. Law Implemented 413.24, 413.28, 413.30 FS.